Mayoral decisions pursuant to the Municipal Act, 2001

The Mayor has special powers and duties under Part VI.1 of the Municipal Act, 2001. These include powers to:

• Appoint and dismiss the City Manager as well as various senior managers; *
• Create committees of Council, assign their functions, and appoint the Chairs and Vice Chairs of committees of Council; *
• Propose the City’s budget subject to Council amendments, a Mayoral veto, and a Council override process;
• Submit matters for Council's consideration, or veto by-laws, if the Mayor believes it will advance a prescribed Provincial Priority; and
• Direct City staff in writing.

*The Mayor may choose to delegate these specific powers and duties.

The Mayor is required to exercise these powers in writing and make them available to the public, subject to the Municipal Freedom of Information and Protection of Privacy Act. Mayoral decisions are available online.

The following provides a more detailed overview of the legislative framework governing the Mayor’s special powers and duties under Part VI.1 of the Municipal Act, 2001.

Bill 3, Strong Mayors, Building Homes Act, 2022

As explained in the 2022-2026 Council Governance Review, Bill 3, the Strong Mayors, Building Homes Act, 2022, received Royal Assent on September 8, 2022, and came into force on November 23, 2022.

This legislation and associated regulations (O. Reg. 530/22 and O. Reg. 580/22) provide the Mayor with additional powers beyond those previously set out in the Municipal Act, 2001.

Bill 3 provides the Mayor, as the head of Council, with the ability to veto certain by-laws approved by Council if the Mayor “is of the opinion that all or part of the by-law could potentially interfere with a prescribed provincial priority.” The Mayor is required to provide written notice of intent to consider vetoing the by-law within a prescribed time period. Council may override the Mayor’s veto if two-thirds of Members vote in favour of such an override.

Bill 3 and the associated O. Reg. 530/22 also grant the Mayor, as head of Council, powers related to proposing the annual budget and initiating in-year budget amendments. Under O. Reg. 530/22 under the Municipal Act, 2001, the Mayor is required to propose the budget by February 1. After the Mayor proposes the budget, Council can pass resolutions to amend the budget within 30 days. The Mayor may veto a Council budget resolution and Council may then override a mayoral veto with a two-thirds majority vote. At the end of this process, the resulting budget is “deemed” to be adopted by the municipality.

Under the new legislation, the Mayor's powers include:

• appointing and dismissing the Chief Administrative Officer/City Manager as well as various senior managers;
• appointing Chairs/Vice-chairs for “prescribed committees, or committees within a prescribed class of committees,” and establishing or dissolving such prescribed committees;
• bringing matters forward for Council consideration if the Mayor “is of the opinion that considering a particular matter could potentially advance a prescribed provincial priority”;
• vetoing certain by-laws approved by Council if the Mayor “is of the opinion that all or part of the by-law could potentially interfere with a prescribed provincial priority”;
• proposing and preparing the municipal budget; and
• directing City staff in writing.

As part of the 2022-2026 Council Governance Review, City Council approved staff-recommended amendments to the Procedure By-law to reflect Bill 3’s provisions.

Bill 39, Better Municipal Governance Act, 2022

Bill 39, the Better Municipal Governance Act, 2022, received Royal Assent on December 8, 2022. With respect to Mayoral powers, Bill 39 amends the Municipal Act, 2001, to allow the Mayor to propose, and require Council to consider and vote on, certain a by-law related to prescribed Provincial Priorities (e.g. O. Reg. 580/22: Provincial Priorities). The by-law is considered passed if more than one third of Members of Council vote in favour of the by-law.